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Ruling on Kidney Transplant and Sale in Islamic Law

❖ Ruling on Kidney Transplantation and Its Trade ❖

◈ Kidney Transplantation and Sale – A Shari‘ah Perspective


✔ Permissibility of Kidney Transplantation:
It is permissible for a compelled person to undergo a kidney transplant, provided that it is carried out through a lawful means.


✔ Prohibition of Selling One’s Organs:
However, it is not permissible for any person to sell his kidney or any part of his body. This is because a stern warning has been mentioned regarding the one who sells a free man and consumes his price:


[صحيح البخاري، رقم الحديث 2227]


The sale of any body part is included in this prohibition, since a person is neither the owner of his body nor of any of its parts.

❀ Associated Harms and Cautions:


① One of the concerns is that this practice might lead to the commercialization of human organs.


② In the words of the scholar: "It appears to me that this is exactly what might happen."


③ Furthermore, this act is impermissible because it could lead to oppression against the poor, where their organs may be stolen out of greed for wealth.


[الفوزان: المنتقى: 60]
 
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